Susan Feigin Harris assists a diverse group of healthcare clients on a variety of federal and state regulatory issues, including reimbursement issues and disputes including Medicare, Medicaid, and commercial payors. Susan’s clients include hospitals, physician groups, trade associations, and government relations entities seeking strategic advice concerning policy advocacy. Susan negotiates numerous contracts on behalf of her clients and works with providers to ensure they are appropriately licensed, certified, and enrolled in government programs.
Susan counsels providers regarding disproportionate share hospital payments, graduate medical education reimbursement, upper payment limit issues and strategies, Medicaid managed care contracts, Medicaid waivers, and the establishment of value-based payment initiatives in government programs and provider contracting. She has provided counsel since the passage of the Affordable Care Act (ACA) concerning delivery reform initiatives at state and federal levels, such as the creation of patient-centered medical homes and care coordination entities.
Additionally, Susan concentrates on health policy issues and routinely works with children’s hospitals across the United States to create Medicaid programs for children. She works with clients to develop and implement legislative and regulatory advocacy strategies at state and federal levels in her policy practice, complementing her healthcare legal practice to bring a multidimensional set of problem-solving approaches to clients. Susan routinely works with the Centers for Medicare and Medicaid Services (CMS), the Health Resources Services Administration (HRSA), and multiple state agencies.
Susan works with clients to negotiate managed care contract disputes, particularly pertaining to Medicaid. She works with provider-sponsored health plans, as well as providers, to manage the complexities of integrated health networks and the unique issues associated with delivery reform initiatives involving providers and health plans in integrated corporate networks.
Represented a unique coalition of the United States’ largest freestanding children’s hospitals to develop special national network options in Medicaid policy for children with complex conditions including legislative language; draft responses to specific legislative interest by Congress, the Congressional Budget Office, and the CMS; and claims and data development. Authored legislation introduced in the US Congress through two congressional sessions, including advocating for clients, working with legislative counsel, and advising a trade association on changes to statutory language and policy impact.
Successfully obtained multiple injunctions on behalf of multiple children’s hospitals in dispute with CMS over disproportionate share hospital (DSH) reimbursement disputes in multiple states, including Minnesota, Virginia, Texas, and Washington.
Represented clients before federal appeals courts in DSH administrative law disputes with CMS.
Conducted discussions with the US Congress and the executive branch to help ensure that the nation’s investment in child health is protected and sustained on behalf of clients. Represents the nation’s major pediatric trade association in efforts to reauthorize the children’s graduate medical education program and support Medicaid and other children’s hospital initiatives.
Created intergovernmental transfer arrangements under the state Medicaid upper payment limit statute for graduate medical education.
Served as a strategic partner and a lead in negotiations with a state Medicaid program to create a care coordination and accountable care entity. Created and negotiated all provider contracts and subcontracts; helped establish and create shared savings formulas; and worked to facilitate and negotiate a contract with the state agency.
Represented clients in Congress during the passage of the ACA, specifically relating to DSH funding, Medicaid reimbursement, pediatric accountable care organization development, and other potential workforce funding opportunities. Established meetings with key congressional members and analyzed, counseled, and drafted alternatives to legislative language.
Facilitated an interface with Center for Medicare and Medicaid Innovation (CMMI) officials relating to the consideration of differing sites of service for certain cardiac catheterization procedures as a means to increase quality outcomes while saving costs. Advised the client on grant proposals submitted to the CMMI.
Analyzed and created multiple hospital-within-hospital arrangements and worked with Medicare fiscal intermediaries to maintain or obtain such certification.
Handled Medicare and Medicaid licensing and certification issues associated with multiple changes of ownership.
Negotiated managed care contracts, provided review and analysis, and drafted multiple provider contracts.
Provided analysis and knowledge relating to managed care narrow network issues, including out-of-network usage nationally.
Provided analysis and guidance relating to health insurance fraud laws.
Consulted on issues associated with research compliance, residency training programs, and other issues specific to academic medical centers.
Counseled hospitals relating to drug diversion and similar CMS conditions of participation compliance issues.
University of Houston Law Center, 1988, J.D.
Duke University, 1985, B.A., with honors in Public Policy Studies and History
US Supreme Court
US District Court for the Southern District of Texas
Awards and Affiliations
Ranked, Healthcare: Texas, Chambers USA (2011–2017)
Ranked, MVP in Health, Law360 (2015)
Ranked, Houston: Government Relations Practice (2016–2018); Houston: Health Care Law, The Best Lawyers in America (2006–2018)
Ranked, Lawyer of the Year, Best Lawyers (2017)
Ranked, Texas Super Lawyers (2007–2017)
Ranked, Top 50 Women (2009, 2011, 2012); Top 100 Lawyers (2011, 2012), Texas Super Lawyers
Board Certified in Health Law, Texas Board of Legal Specialization
Member, American Health Lawyers Association (AHLA); formerly served as vice-chair, In-House Counsel Practice Group, and founding co-chair, AHLA Children's Hospital Affinity Group
Member, Houston Bar Association; founding member, Health Law Section
Director, Texas Lyceum
Medical Class 2 Senior Fellow, American Leadership Forum
Member, American Bar Association
Former adjunct professor, University of Houston Law Center